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District Court of Appeal of Florida

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Florida State University v. Jenkins, Z-53 (1975)

323 So. 2d 597 (1975) FLORIDA STATE UNIVERSITY, Petitioner, v. Samuel S. JENKINS, and the Division of Employment Security of the Department of Commerce, Respondents. No. Z-53. District Court of Appeal of Florida, First District. December 23, 1975. Jean K. Parker, Tallahassee, for petitioner. Luther C. Smith, Kenneth H. Hart, Tallahassee, for respondents. BOYER, Chief Judge. Petitioner, Florida State University (FSU) seeks review by petition for writ of certiorari of an order of the Industrial...

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Beverly v. State, Z-5 (1975)

322 So. 2d 597 (1975) Amanda BEVERLY, Appellant, v. STATE of Florida, Appellee. No. Z-5. District Court of Appeal of Florida, First District. November 24, 1975. Richard W. Ervin, III, Public Defender, for appellant. Robert L. Shevin, Atty. Gen., and Andrew W. Lindsey, Asst. Atty. Gen., for appellee. PER CURIAM. Appeal was taken herein from a judgment and sentence following a plea of nolo contendere which alledegly immediately followed an order denying a motion to suppress. The Supreme Court of...

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In Interest of Ivey, Z-362 (1975)

319 So. 2d 53 (1975) In The Interest of IVEY, Infant (WF) Dob: 8-31-75, and Ivey, Infant (WF) Dob: 8-31-75. No. Z-362. District Court of Appeal of Florida, First District. September 18, 1975. *54 Joel M. Cohen, Pensacola, Guardian Ad Litem for the above named infants, appellants. Henry Clay Mitchell, Jr., Pensacola, for the parents of the above named infants, appellees. Charles S. Williams, Asst. State Atty., for the State of Florida. Louis F. Ray, Jr., Pensacola, for Edward R. Westmark, M.D.,...

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Calder Race Course, Inc. v. BOARD OF BUSINESS REG., Z-201 (1975)

319 So. 2d 67 (1975) CALDER RACE COURSE, INC., a Florida Corporation, Petitioner, v. BOARD OF BUSINESS REGULATION, etc., et al., Respondents. No. Z-201. District Court of Appeal of Florida, First District. August 19, 1975. Rehearing Denied September 4, 1975. Wilbur E. Brewton, of Taylor, Brion, Buker & Greene, Tallahassee, for petitioner. Stuart W. Patton, of Patton, Kanner, Nadeau, Segal, Zeller & LaPorte, Miami, and William D. Moore, Tallahassee, for respondents. SMITH, Judge. Calder Race...

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Sarasota County v. Beker Phosphate Corporation, Z-111 (1975)

322 So. 2d 655 (1975) SARASOTA COUNTY, Florida, a Political Subdivision of the State of Florida, Petitioner, v. BEKER PHOSPHATE CORPORATION, a Florida Corporation, and Manatee County, Florida, a Political Subdivision of the State of Florida, Respondents. No. Z-111. District Court of Appeal of Florida, First District. November 26, 1975. *656 Richard E. Nelson, Nelson, Hesse, Cyril & Weber, Sarasota, for petitioner. Roy C. Young, Brown, Smith, Young & Pelham, Tallahassee, John P. Harllee, III,...

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House v. State, Y-94 (1975)

323 So. 2d 659 (1975) Raymond HOUSE and Pat House, Appellants (Defendants), v. STATE of Florida, Appellee (State). No. Y-94. District Court of Appeal of Florida, First District. October 29, 1975. Rehearing Denied January 16, 1976. *660 William B. Richbourg, Pensacola, for appellants. Robert L. Shevin, Atty. Gen., Donald K. Rudser, Asst. Atty. Gen., for appellee. MILLS, Judge. The question presented by this appeal is whether the affidavit, on which the search warrant was issued, justified a...

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GULFSTREAM PK. RAC. ASSOCIATION, INC. v. Board of Bus. Reg., Y-549 (1975)

318 So. 2d 458 (1975) GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida Corporation, Petitioner, v. BOARD OF BUSINESS REGULATION OF the DEPARTMENT OF BUSINESS REGULATION, a State Agency, and Hialeah Park, Inc., a Florida Corporation, Respondents. No. Y-549. District Court of Appeal of Florida, First District. August 29, 1975. *459 J. Elliott Messer, and M. Stephen Turner, Thompson, Wadsworth & Messer, Tallahassee, and Leonard Romanik, Landefeld & Romanik, Hollywood, for petitioner. William...

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State Ex Rel. Wright v. Yawn, Y-546 (1975)

320 So. 2d 880 (1975) STATE of Florida ex rel. Robert Clark, WRIGHT, Relator, v. Theron A. YAWN, Jr., As Judge of the Circuit Court of the Eighth Judicial Circuit Court, in and for Alachua County, Florida, Respondent. No. Y-546. District Court of Appeal of Florida, First District. September 10, 1975. Mack S. Futch, Public Defender, and Gary R. Dunham, Asst. Public Defender, for relator. Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., for respondent. RAWLS, Acting Chief...

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Yamaha International Corp. v. Ehrman, Y-424 (1975)

318 So. 2d 196 (1975) YAMAHA INTERNATIONAL CORPORATION, Petitioner, v. Robert EHRMAN et al., Respondents. No. Y-424. District Court of Appeal of Florida, First District. August 8, 1975. James E. Tribble, Blackwell, Walker, Gray, Powers, Flick & Hoehl, Miami, for petitioner. Coleman R. Rosenfield, Fort Lauderdale, and Brumer, Moss, Cohen & Rodgers, Miami, for respondents. ON MOTION TO DISMISS McCORD, Judge. This is a motion to dismiss a petition for review of a final administrative order of the...

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Rolle v. State, Y-395 (1975)

314 So. 2d 624 (1975) David ROLLE, Appellant, v. STATE of Florida, Appellee. No. Y-395. District Court of Appeal of Florida, First District. June 20, 1975. Ed Duffee, Jr., Tallahassee, and Jesse J. McCrary, Jr., N. Miami, for appellant. Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., for appellee. PER CURIAM. This is a motion for review of the trial court's denial of bail pending appeal. The only ground stated in the order denying bail was that bail is prohibited by ยง 903....

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McClelland v. McClelland, Y-384 (1975)

318 So. 2d 160 (1975) William J. McCLELLAND, Appellant, v. Patricia W. McCLELLAND, Appellee. No. Y-384. District Court of Appeal of Florida, First District. August 8, 1975. *161 Ferrin C. Campbell, Sr., Crestview, for appellant. David H. Levin, Levin, Warfield, Middlebrooks, Graff, Mabie, Rosenbloum & Magie, Pensacola, for appellee. SMITH, Judge. Confronted with an unresolved conflict between decisions of two sister District Courts of Appeal [1] , we are asked to determine whether, in the...

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City of Key West v. Askew, Y-363, Y-430 (1975)

324 So. 2d 655 (1975) CITY OF KEY WEST et al., Petitioners, v. Reubin O'D. ASKEW et al., Respondents. Nos. Y-363, Y-430. District Court of Appeal of Florida, First District. December 23, 1975. Rehearing Denied January 28, 1976. *656 Joseph C. Jacobs and Robert J. Angerer, of Ervin, Varn, Jacobs & Odom, Tallahassee, for petitioners. Robert L. Shevin, Atty. Gen., and James D. Whisenand, Asst. Atty. Gen., for respondents. On Motion to Dismiss RAWLS, Acting Chief Judge. The City of Key West,...

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Department of Rev. v. Brookwood Assoc., Ltd., Y-357 (1975)

324 So. 2d 184 (1975) The DEPARTMENT OF REVENUE of the State of Florida, Appellant, v. BROOKWOOD ASSOCIATES, LIMITED, etc., Appellee. No. Y-357. District Court of Appeal of Florida, First District. November 26, 1975. Rehearing Denied January 16, 1976. Robert L. Shevin, Atty. Gen., and David M. Hudson, Asst. Atty. Gen., for appellant. Joseph W. Gaynor, of Jacobs, Robbins & Gaynor, St. Petersburg, for appellee. SACK, MARTIN, Associate Judge. In this declaratory judgment action, appellee,...

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STATE, DEPT. OF ADM. OFFICE OF ADM. SERV. v. Hunter, Y-351 (1975)

323 So. 2d 24 (1975) STATE of Florida, DEPARTMENT OF ADMINISTRATION, OFFICE OF ADMINISTRATIVE SERVICES, Petitioner, v. Robert R. HUNTER, Jr., and Ed Duffee, Jr., et al., Respondents. No. Y-351. District Court of Appeal of Florida, First District. November 26, 1975. *25 David V. Kerns and Bishop C. Holifield, Tallahassee, for petitioner. Robert R. Hunter, Jr., Career Service Commission and E.C. Deeno Kitchen and C. Everett Boyd of Ervin, Varn, Jacobs & Odom, Tallahassee, for respondents. SACK,...

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Kimmons v. State, Y-35 (1975)

322 So. 2d 36 (1975) Winifred KIMMONS, Appellant, v. STATE of Florida, Appellee. No. Y-35. District Court of Appeal of Florida, First District. October 10, 1975. Rehearing Denied December 2, 1975. Joe J. Harrell of Harrell, Wiltshire, Bozeman, Stone, Swearingen & Hart, Pensacola, for appellant. Robert L. Shevin, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee. *37 SMITH, Judge. Kimmons appeals from a judgment and prison sentence entered on a jury verdict of his guilt on a...

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Dorsey v. State, Y-346 (1975)

324 So. 2d 159 (1975) Roger Lewis DORSEY and Donald Wayne Bennett, Appellants, v. STATE of Florida, Appellee. No. Y-346. District Court of Appeal of Florida, First District. December 23, 1975. Rehearing Denied January 16, 1976. *160 Richard W. Ervin, III, Public Defender, and Michael J. Minerva, Asst. Public Defender, for appellants. Robert L. Shevin, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee. SMITH, Judge. From the circumstantial evidence in this case the jury could...

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Department of Rev. v. KELLY BOAT SERV., Y-315 (1975)

324 So. 2d 651 (1975) DEPARTMENT OF REVENUE et al., Appellants, v. KELLY BOAT SERVICE, INC., et al., Appellees. No. Y-315. District Court of Appeal of Florida, First District. November 26, 1975. Rehearing Denied January 28, 1976. Robert L. Shevin, Atty. Gen., and E. Wilson Crump, III, Asst. Atty. Gen., for appellants. David W. Palmer and David W. Palmer, II, Crestview, for appellees. SMITH, Judge. The Department of Revenue appeals from a summary final judgment of the circuit court declaring, as...

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Dardy v. State, Y-292 (1975)

324 So. 2d 178 (1975) Samuel DARDY, Appellant, v. STATE of Florida, Appellee. No. Y-292. District Court of Appeal of Florida, First District. December 23, 1975. Peter A. Firpo, Asst. Public Defender, for appellant. Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee. BOYER, Chief Judge. Appellant, defendant in the trial court, was charged by information with the crime of possession of a firearm by a convicted felon, contrary to Florida Statute 790.23. While his...

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Franklin v. State, Y-280 (1975)

324 So. 2d 187 (1975) Dale E. FRANKLIN, Appellant (Defendant), v. STATE of Florida, Appellee (State). No. Y-280. District Court of Appeal of Florida, First District. December 23, 1975. *188 Edward E. Hedstrom, of Dowda, Hedstrom & Fields, Palatka, for appellant. Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., for appellee. MILLS, Judge. Franklin seeks reversal of a judgment of conviction and sentence based on a jury verdict finding him guilty of robbery. The issue before...

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Time Insurance Company v. Arnold, Y-28 (1975)

319 So. 2d 638 (1975) TIME INSURANCE COMPANY, a Wisconsin Corporation Authorized to Do Business in the State of Florida, Appellant, v. Shelton ARNOLD, Appellee. No. Y-28. District Court of Appeal of Florida, First District. October 10, 1975. *639 Milton H. Baxley, II, Dell, Graham, Willcox, Barber, Rappenecker, Ryals & Henderson, Gainesville, for appellant. Wayne M. Carroll and William R. Burwell, Wershow, Burwell, Carroll & Wershow, Gainesville, for appellee. SMITH, Judge. Time Insurance...

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